What is a Trademark? A Trademark generally refers to a “brand” or “logo”.
Trademark registration can also be obtained for a business name, distinctive catchphrases, taglines or captions.
Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca-Cola, HP, Canon, Nike and Adidas serve as an indication of the origin of the goods as well as an indication of quality.
It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.
TRADEMARK which is also known as “brandname” laymans language is a visual representation of a symbol consisting of a word, sign, name device, special character and or in any combination of colours which used by any manufacturer / service providers to distinguish its products from other competitors. Trademark has huge importance in this era of Globalization since it helps customers to identify the product of a particular manufacturer / service provider from that of others.
Infact Trademark, Copyright, Patents, Industrial Design protection are part of the latest trend which about a century old only wherein the innovator is provided with exclusive right over its innovative, idea, design, mark, artistic products to exploit their creation commercially thereby restraining others from using the same. These all falls in the area of Intellectual Property Rights and the international body which governs the same is World Intellectual Property Organisation (WIPO) and most of the countries are following the directions, decision and conventions which are being discussed and adopted by WIPO by member countries.
To get the trademark registered as per The Trade Mark Registration Act a trademark required to pass three basic tests. First Trademark should be capable of being represented graphically, Second capable of distinguish itself from those of other goods manufacturer and service provider, Third it needed to be used in relation to goods or service by the owner to differentiate its product or services from that of other competitors. The most fundamental question arises is who and how to apply for trademark. Well any person claims to be owner of trademark or person who wants to use that trademark may make an application for registration with the TradeMark Registrar. The application needs to have Trade Mark in three sets, prescribed fee, power of attorney to use the mark and signature on the same
Why Registration of Trademark It provides the manufacturer / service provider exclusivity to use that particular mark and differentiate its products or services from other competitors. It assist the customer to easily identify the product / services of the trademark owner from that of the other competitors. The owner of trademark can assign the trademark to others for use, can stop other manufacturer/ service providers from using the particular trademark or anything identical to that Trademark by taking legal remedies before the court of law. After trademark the company or individual can build their entire reputation and image around that particular trademark which itself have value in millions of rupees. The example of trademark are Airtel, Sony, TATA etc written in particular colour combination and fonts.
Different fees are prescribed for registration of Trademark which varies from Rs.2500/- to Rs.5,000/- and apart from that nominal charges are being charged by agents / service providers towards assistance for getting the trademark registered which normally starts from Rs.7500/- on the lowest side but certain service providers are charging upto Rs.25,000/- however their services are quite good.
We are providing all services for Intellectual Property Rights like: 1. Trademark registration Application 2. Copyright Registration Application 3. Industrial Design Registration Application 4. Patent Registration Application 5. Notice for opposing an application published in TradeMark Journal 6. Renewal of TradeMark 7. Rectification of TradeMark 8. Legal Certificate 9. Advice on Trademark, Copyright, Industrial Design & Patents 10. Protection of Trademark & Intellectual protection rights from being misused
Use of TM, SM and ® symbols ‘TM’ stands for Trademark and ‘SM’ stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.
The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.
The registration process is the same for both trademarks and service marks.
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We are a leading law firm in Delhi, India, which has developed a high specialization in the field of logo registration. Our services include logo registration, logo registration services in India, and international logo registration services to our global clients at an affordable price in India & across the globe. We have a team of highly skilled and experienced professional, who can help you in providing quality logo registration services and query resolution system. We can offer our global clients with comprehensive knowledge in drafting descriptive specifications and claims.
Basically, a trademark is a “brand” or “logo” that you can use to distinguish your product from those of your competitors. Through trademark registration or you can say logo registration/brand registration, you can protect your brand or logo by restricting other people from using the same. For e.g. the logo of NIKE and their tagline JUST DO IT is a registered brand name. By trademarking your logo or brand, you are providing it protection as it is illegal to use the same logo or tagline. A registered trademark is an intangible asset for a business and is used to protect the company’s investment in the brand or symbol. After Trademarking your logo or brand, a registered TM number which works as trademark license is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. It is always advised to get Trademark registration or brand name registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks. Before trademarking, make sure to check trademarks availability and it should be your first priority if you want to start a company. Trademark public search is an important step before trademark registration. You need to do a close search for trademark name as it will help you to avoid future problems.
Trademark Registrations or TM Registrations is done through LegalRaasta can be done through Legalraasta in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities
Trademark Examination Reply
An Examination report is issued in case the Registry has some objection/s with the registration of the application, which may relate to the question of the trademarks distinctiveness, not meeting the qualifications under the act, existing similarity with prior existing trademark registrations, and filing of supporting documents.
Form and Fees – Intellectual Property
For Physical filing, For E-filing. 1, Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes. TM-A Form and Fees (287 KB). Where the applicant is an Individual / Startup/Small Enterprise
More than 1,500 Registered® Trademarks, Apply online; Open all days. Services: Trademark Registration, Company Registration, LLP Registration, Copyright Registration, Import Export Code, TM/Brand Registration, Logo Registration, Product Registration.